Claim Form Expected Cabot

[Caster]

Hi all,

I'm posting today as i'm expecting a claim form from Mortimer Clark on behalf of Cabot and wanted to know if there's anything I can do to head it off. The original agreement was taken out in 2003 and I have sent a CCA request to Mortimer Clark who have supplied a reconstituted agreement - not the signed original. They have now sent a letter before action so I am expecting a claim form imminently.

Is there anything i can do to head this off?

Is it worth me writing to them and pointing out that they haven't supplied an original agreement?

Thanks

[FlamingParrot]

Re: Claim Form Expected Cabot

Hi all,

I'm posting today as i'm expecting a claim form from Mortimer Clark on behalf of Cabot and wanted to know if there's anything I can do to head it off. The original agreement was taken out in 2003 and I have sent a CCA request to Mortimer Clark who have supplied a reconstituted agreement - not the signed original. They have now sent a letter before action so I am expecting a claim form imminently.

Is there anything i can do to head this off?

There certainly is, a letter, and it has worked with Mortimer Clark before! :grin:

I'll post up the letter shortly. When did they send the letter before action? Any chance of posting it up (remove personal details before you do)? :typing: While you are at it, could you also post up the recon?

[Caster]

Re: Claim Form Expected Cabot

A template letter would be great thanks. I'll try and get it in the post tomorrow. I've uploaded the latest letter and first page of the recon doc they sent plus the letter that came with it. hopefully this is enough for now.

Thanks for your help.

[Caster]

Re: Claim Form Expected Cabot

Letter dated 19th Feb although I only received it today.

[FlamingParrot]

Re: Claim Form Expected Cabot

A template letter would be great thanks. I'll try and get it in the post tomorrow. I've uploaded the latest letter and first page of the recon doc they sent plus the letter that came with it. hopefully this is enough for now.

Thanks for your help.

Thanks for posting all that so quickly! :yo:

Looking at the recon, there seems to be at least a page missing, the recon page ends in an unfinished sentence: "however, if..." Did you get more pages after that? If you have, it would be useful to see them, as those are probably the terms from inception and it would be interesting to see if all the prescribed terms are there.

The page that has the terms in 2 columns has: "OPUS CREDIT 20 11 2010" at the bottom, so these are the terms from 2010, probably the ones at the time you defaulted, certainly not the ones from inception so not really relevant.

[FlamingParrot]

Re: Claim Form Expected Cabot

Letter dated 19th Feb although I only received it today.

OK, see response below. It should at least get them thinking before issuing a claim. It is also your duty as a prospective defendant, to comply with the Pre-Action Conduct by replying to their letter before action.

As is the case with 99% of those letters, their letter does not even begin to comply with the Practice Direction, despite being a firm of solicitors who should know better, whilst you, as a potential Litigant in Person (LIP), ARE complying by sending the letter below, and in good time too. :thumb: :thumb:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated 19th of February 2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[Caster]

Re: Claim Form Expected Cabot

Looking at the recon, there seems to be at least a page missing, the recon page ends in an unfinished sentence: "however, if..." Did you get more pages after that? If you have, it would be useful to see them, as those are probably the terms from inception and it would be interesting to see if all the prescribed terms are there.

Sorry, yes - there are more pages. I just posted the first for speed but i'll get the rest up.

Thanks

[Mineral1]

Re: Claim Form Expected Cabot

A template letter would be great thanks. I'll try and get it in the post tomorrow. I've uploaded the latest letter and first page of the recon doc they sent plus the letter that came with it. hopefully this is enough for now.

Thanks for your help.

I think you will find the original from Citi gave their London address... Can you paste up the rest of the regurgitated copy thanks?

[Caster]

Re: Claim Form Expected Cabot

Guys,

Sorry its been so long since I replied to this thread. I just wanted to say the excellent letter from Flaming Parrot worked a treat. I haven't heard from Mortimer Clarke or Marlin since. I'm sure they will be back but at least it got rid of them in the short term. To be honest i think its a bit naughty to threaten people with court claims then, when they ask for more information, just disappear. But hey we're not dealing with reputable companies. Anyway, just wanted to say the letter was extremely helpful.

Cheers

[FlamingParrot]

Re: Claim Form Expected Cabot

Guys,

Sorry its been so long since I replied to this thread. I just wanted to say the excellent letter from Flaming Parrot worked a treat. I haven't heard from Mortimer Clarke or Marlin since. I'm sure they will be back but at least it got rid of them in the short term. To be honest i think its a bit naughty to threaten people with court claims then, when they ask for more information, just disappear. But hey we're not dealing with reputable companies. Anyway, just wanted to say the letter was extremely helpful.

Cheers

Glad the letter worked. :whoo:

As you will see on other threads, these guys never have any documents, they issue claims speculatively hoping for default judgment. When challenged to produce the paperwork they would rely on, they have to give up the ghost. :bolt: